Testing for DUI in Alabama and Tennessee
Chemical Testing in DUI Defense
DUI Lawyers Alabama | Crumbley-Blackwell & Associates, P.C.
What does "implied consent" mean for those accused of DUI in North Alabama and Southern Tennessee? Alabama has an implied consent law for chemical testing of those accused of DUI. This means that by driving a vehicle on a public road, you consent to chemical testing if you are suspected of DUI.
Law enforcement can use any of the 3 methods to test your blood alcohol content (BAC):
If your BAC is .08% or higher, you will be charged with DUI. These tests are not infallible, and it may be possible to successfully challenge this evidence. It is recommended that you hire an experienced DUI lawyer to review the facts of your case before pleading guilty.
Challenging the Results of Chemical Testing in DUI Cases
If you refuse chemical testing in the State of Alabama, your drivers license will be suspended for 90 days. This is additional to any suspension that could later be imposed by a DUI conviction. An Alabama law enforcement officer will often conduct a roadside breath test at the scene of the DUI arrest with portable equipment carried in their patrol car. You have a right to refuse the roadside breath test, but if you do, you will be required to submit to breath or blood alcohol content (BAC) test at the local police station.
Chemical testing of those accused of DUI must be conducted by law enforcement under strict protocol, any deviation could open the door to a successful DUI defense case presented by our experienced DUI attorneys. The accuracy of the tests can be challenged on the basis of a number of factors.
When a driver is pulled over under suspicion of DUI in Alabama or Tennessee, there is often a significant time lapse before the chemical tests are administered. The chemical test only shows BAC at the time of testing, not at the time of driving. As blood alcohol levels can continue to increase for more than an hour after drinking, this factor could be part of the strategy to defend your DUI charges.
Common DUI defense strategies include:
- Incorrect testing administration
- Testing units that have not been calibrated or maintained properly
Still Have Questions About DUI?
DUI Attorneys Defending Cases in Alabama and Tennessee
At Crumbley-Blackwell & Associates, P.C. our team of local DUI attorneys have decades of experience defending DUI and criminal cases, fighting charges on behalf of our clients in Huntsville, Madison, Decatur, Scottsboro, Florence, Fayetteville, and surrounding areas. Our firm has an impressive track record of success in all types of criminal cases, including misdemeanor and felony DUI. See our recent case results for more information.
We offer free consultations for all DUI related matters in Alabama and Tennessee. To schedule your free consultation with an attorney - call our Huntsville/ Athens location at (256) 539-4464, Tennessee location at (931) 450-8446, or complete an online case evaluation form.